| Citation(s) |
|---|
| 2023 SLG 2377 2023 SLD 2377 2023 SCMR 1816 |
Sindh High Court, Hyderabad Bench
Criminal Appeals Nos. D-07 and D-08 of 2021, decided on 25th January, 2023.Date of hearing: 18th January, 2023.
Before Muhammad Karim Khan Agha and Kausar Sultana Hussain, JJ
Altaf Shahid Abro and Bakhtiar A. Panhwar for Appellants. Shahid A. Shaikh, Additional P.G. Sindh for the State.
Criminal Appeals Nos. D-07 and D-08 of 2021, decided on 25th January, 2023.Date of hearing: 18th January, 2023.
Before Muhammad Karim Khan Agha and Kausar Sultana Hussain, JJ
Altaf Shahid Abro and Bakhtiar A. Panhwar for Appellants. Shahid A. Shaikh, Additional P.G. Sindh for the State.
Syed ABDUL MANAN and another---Appellants
VS
The STATE---Respondent
Law: Control of Narcotic Substances Act, 1997
Section: 9(c)
(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Possession of narcotics-- Appreciation of evidence---Allegation against the appellants (three in number) was that a huge quantity of contraband, packed in 920 packets having been placed in secret cavities of truck, was recovered from them---Documentary evidence, duly exhibited by the prosecution, revealed that all the entries as well as Mashirnama of arrest had established the departure and arrival of Police Party to arrest of accused persons, along with huge quantity of contraband, at the spot on the fateful day---Report of the Chemical Examiner was positive showing recovered contraband as Charas and Opium, which (report) further showed that the same was strictly in accordance with the established principles---Though Muharrar of Malkhana was not produced by the prosecution during the evidence, yet the safe custody of contraband for intervening period was proved by the documentary evidence having been duly exhibited in evidence---Even otherwise, such question (non-production of the Muharrar) was not put on the behalf of the appellants (accused persons) to prosecution's witnesses---Prosecution had successfully proved its case against the appellants---Appeals filed by the accused persons were dismissed, in circumstances. The State v. Imam Bakhsh 2018 SCMR 2039 and Khair-ul-Bashar v. The State 2019 SCMR 930 ref. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 25---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotics---Appreciation of evidence---Huge quantity of contraband, packed in 920 packets having been placed in secret cavities of Truck, was recovered from appellants---Applicability of S. 103 of the Criminal Procedure Code, 1898, regarding association of private person as witness had specifically been excluded by virtue of S. 25 of the Control of Narcotic Substances Act, 1997---Alleged contradictions in the evidence of the prosecution witnesses, relating to raiding party, appeared to be minor in nature, which did not shake their trustworthiness---Prosecution had successfully proved its case against the appellants---Appeals filed by the accused…
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